MOTIONS PRACTICE: TOOLS FOR YOUR DEFENSE Regional Juvenile - - PDF document

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MOTIONS PRACTICE: TOOLS FOR YOUR DEFENSE

Regional Juvenile Defender Workshops February-May 2006 Professor Tamar Birckhead UNC School of Law

MOTIONS PRACTICE IN JUVENILE COURT

A CONTRADICTION IN TERMS? FORM OF THE MOTION IN NC?

See generally, NC GL Article 52 (starts at 15A-

951)

See NC GL 15A-953 for motions practice in

district court

WHAT CAN A MOTION ACHIEVE?

Forces you to fully develop your argument Protects client’s rights Weakens state’s morale Increases defense’s bargaining power Demonstrates the quality of your advocacy to

judge/ADA/client

Strengthens atty-client relationship and

builds client trust

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MOTIONS WORK!

The results are not “academic” Effective and persuasive Much success in the last two years in

Durham and Orange juvenile courts

General motions Motions specific to the charges and the facts

WHAT TO CONSIDER BEFORE FILING A WRITTEN MOTION?

All practice is local:

But don’t let this stop you!

Who is the judge? Who is the ADA? Is this the best way to get what I need? Do I need to preserve the record for appeal?

…STILL NOT SURE WHETHER TO FILE A WRITTEN MOTION? BREAK IT DOWN:

What do I ultimately want to accomplish? Will my client’s rights be protected if I don’t

get what I want and I haven’t filed a motion?

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WHAT IS YOUR ULTIMATE GOAL?

TO GET INFORMATION?

DISCOVERY TRANSCRIPT COMPETENCY DETERMINATION

TO GET FUNDS?

EXPERT INVESTIGATOR

TO GET A COURT ORDER?

WHEN DO I WANT TO FILE THE MOTION?

To be considered when you are first assigned

the case. Ask yourself:

When is the issue ripe?

Pretrial? At trial? Post-trial?

WHAT MOTIONS DO I FILE PRE-TRIAL?

PRE-TRIAL

MOTIONS BASED ON THE PETITION DISCOVERY MOTIONS COMPETENCY MOTION MOTION FOR FUNDS TO HIRE EXPERT MOTION TO SUPPRESS MOTION FOR TRANSCRIPT MOTION TO CONTINUE MOTION TO DISMISS

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WHAT MOTIONS DO I FILE AT TRIAL?

AT TRIAL

MOTION TO CHANGE VENUE MOTION FOR RECUSAL MOTION TO SEQUESTER MOTIONS IN LIMINE MOTION TO DISMISS AT END OF STATE’S

CASE

MOTION FOR FINDING OF NOT DELINQUENT

WHAT MOTIONS DO I FILE POST-TRIAL?

POST-TRIAL

NOTICE OF APPEAL CHANGE OF VENUE MOTION FOR DEFERRED DISPOSITION SENTENCING MEMORANDUM MOTION FOR APPROPRIATE RELIEF PETITION TO EXPUNGE JUVENILE RECORD

PUT IN THE EFFORT AND BE CREATIVE!

BE INVENTIVE –

START FROM SCRATCH, IF NECESSARY

TAKE CHANCES – YOU CAN CHANGE

THE PRACTICE OF YOUR COURT

DO THE LEGAL RESEARCH – IT’S WORTH

IT

LET YOUR GOAL DRIVE YOUR METHOD

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HOW DO I PREPARE FOR THE HEARING?

AFTER FILING THE MOTION, YOUR WORK

IS NOT OVER

PREPARE YOUR ORAL ARGUMENT PREPARE YOUR WITNESSES PREPARE YOUR CROSS-EXAMINATION KNOW THE LAW AND BRING COPIES OF

CASES

KNOW THE APPLICABLE JUVENILE CODE

CAVEATS FOR MOTIONS PRACTICE

FILE ONLY WHEN YOU HAVE

A GOOD REASON

COLLECT OTHERS’ MOTIONS – BORROW

FROM THEM WHEN APPROPRIATE

GET FEEDBACK FROM COLLEAGUES KNOW YOUR JUDGE KNOW YOURSELF

AND, FINALLY…

COMMUNICATE WITH YOUR CLIENT EDUCATE THEM ON WHAT YOU’RE

TRYING TO ACCOMPLISH

SHARE YOUR MOTIONS STRATEGY WITH

THEM

EMPOWER THEM WITH

UNDERSTANDING